152.137 Methamphetamine-related crimes involving children and vulnerable adults.
Subdivision 1. Definitions. (a) As used in this
section, the following terms have the meanings given.
(b) "Chemical substance" means a substance intended to be
used as a precursor in the manufacture of methamphetamine or any
other chemical intended to be used in the manufacture of
methamphetamine.
(c) "Child" means any person under the age of 18 years.
(d) "Methamphetamine paraphernalia" means all equipment,
products, and materials of any kind that are used, intended for
use, or designed for use in manufacturing, injecting, ingesting,
inhaling, or otherwise introducing methamphetamine into the
human body.
(e) "Methamphetamine waste products" means substances,
chemicals, or items of any kind used in the manufacture of
methamphetamine or any part of the manufacturing process, or the
by-products or degradates of manufacturing methamphetamine.
(f) "Vulnerable adult" has the meaning given in section
609.232, subdivision 11.
Subd. 2. Prohibited conduct. (a) No person may
knowingly engage in any of the following activities in the
presence of a child or vulnerable adult; in the residence of a
child or a vulnerable adult; in a building, structure,
conveyance, or outdoor location where a child or vulnerable
adult might reasonably be expected to be present; in a room
offered to the public for overnight accommodation; or in any
multiple unit residential building:
(1) manufacturing or attempting to manufacture
methamphetamine;
(2) storing any chemical substance;
(3) storing any methamphetamine waste products; or
(4) storing any methamphetamine paraphernalia.
(b) No person may knowingly cause or permit a child or
vulnerable adult to inhale, be exposed to, have contact with, or
ingest methamphetamine, a chemical substance, or methamphetamine
paraphernalia.
Subd. 3. Criminal penalty. A person who violates
subdivision 2 is guilty of a felony and may be sentenced to
imprisonment for not more than five years or to payment of a
fine of not more than $10,000, or both.
Subd. 4. Multiple sentences. Notwithstanding
sections 609.035 and 609.04, a prosecution for or conviction
under this section is not a bar to conviction of or punishment
for any other crime committed by the defendant as part of the
same conduct.
Subd. 5. Protective custody. A peace officer may
take any child present in an area where any of the activities
described in subdivision 2, paragraph (a), clauses (1) to (4),
are taking place into protective custody in accordance with
section 260C.175, subdivision 1, paragraph (b), clause (2). A
child taken into protective custody under this subdivision shall
be provided health screening to assess potential health concerns
related to methamphetamine as provided in section 260C.188. A
child not taken into protective custody under this subdivision
but who is known to have been exposed to methamphetamine shall
be offered health screening for potential health concerns
related to methamphetamine as provided in section 260C.188.
Subd. 6. Reporting maltreatment of vulnerable adult.
(a) A peace officer shall make a report of suspected
maltreatment of a vulnerable adult if the vulnerable adult is
present in an area where any of the activities described in
subdivision 2, paragraph (a), clauses (1) to (4), are taking
place, and the peace officer has reason to believe the
vulnerable adult inhaled, was exposed to, had contact with, or
ingested methamphetamine, a chemical substance, or
methamphetamine paraphernalia. The peace officer shall
immediately report to the county common entry point as described
in section 626.557, subdivision 9b.
(b) As required in section 626.557, subdivision 9b, law
enforcement is the primary agency to conduct investigations of
any incident when there is reason to believe a crime has been
committed. Law enforcement shall initiate a response
immediately. If the common entry point notified a county agency
for adult protective services, law enforcement shall cooperate
with that county agency when both agencies are involved and
shall exchange data to the extent authorized in section 626.557,
subdivision 12b, paragraph (g). County adult protection shall
initiate a response immediately.
(c) The county social services agency shall immediately
respond as required in section 626.557, subdivision 10, upon
receipt of a report from the common entry point staff.
HIST: 2005 c 136 art 7 s 12

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